HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION Nos.6398, 6407, AND 6412 of 2024 AND C.C.Nos.1141, 1149 AND 1150 of 2024

COMMON ORDER:

All these Writ Petitions are filed for the following relief:

“…..to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 4th respondent in not considering the proceedings of 3^rd respondent vide No A3/Rect.- 4/DPO/MBNR/2024, date 19-02-2024 for consideration of petitioners re-medical examination as illegal, arbitrary and violative of Principles of natural justice as well as violative of Article 14,21 of constitution and India and consequently, direct the respondent No.4 forthwith to conduct re-medical examination of petitioners and pass ….”

2. Since the issue involved in all the Writ Petitions and the Contempt cases is one and the same, they are being disposed of by way of this Common Order.

3. Heard Sri Munuga Sateesh, learned counsel for the petitioners, learned Government Pleader for Home appearing for respondents 1 to 3 and Sri M.V. Rama Rao, learned counsel for respondent No.4.

4. For convenience, the facts stated in W.P.No.6398 of

2024 are discussed as under:

Learned counsel for the petitioner submits that the Telangana State Level Police Recruitment Board (TSLPRB) issued a Notification to initiate the recruitment process for filling up the posts of Constables in Telangana Police. Pursuant to the same, the petitioner appeared the main written examination and a selection list was prepared. On the day of verification of the testimonials, the petitioner was medically examined.

4(ii) Learned counsel for the petitioner further submits that the petitioner was enrolled as a Home Guard vide General No.7881 on 18.03.2011 vide DO No.33/2011. Doctors of Government Headquarters Hospital, Mahabubnagar, conducted the petitioner’s medical examination, and they opined that the petitioner is medically unfit for various reasons. In the said document No.A3/Rect.4/DPO/MBNR/2024, dated 19.02.2024, the reasons for unfit are mentioned as B/L Lower Limb Vericovines, and his case was rejected, but mentioned explicitly in the document that the candidates are repeatedly approaching and submitting their individual representation to consider their request for conducting the re-medical examination.

4(iii) Learned counsel for the petitioner further submits that the petitioner approached SP and DGP to conduct a re-medical exam because other candidates who were on the list, along with him, completed their re- examination. But they said that they would conduct the said re-examination very soon, but they dragged on the matter for frivolous reasons. Till now, the petitioner has not received any information regarding his re-Medical examination. The other candidates who completed their medical examination, which is in the final stage and their names are in the final list and were sent for training. On the other hand, the petitioner is still waiting for his final selection with a lot of hope.

4(iv) Learned counsel for the petitioner further submits that the petitioner even though medically unfit, successfully completed his second stage (physical events like run-event and long jump, shot put), then the question of unfit does not arise with the reason stated in the table. It clearly shows the Selection Committee caused gross errors against articles 14 and 16 according to the Indian Constitutional law. Learned counsel for the petitioner relied upon the decision of this Court in W.P.No.18093 of 2020, decided on 14.07.2023. Accordingly, prayed to allow the Writ Petition.

5. At the time of admission, this Court passed the following interim direction:

“In view of the submissions made by the respective parties and having regard to the facts and circumstances of the case, respondent No.4 is directed to consider the case of the petitioner for sending him either to Osmania General Hospital, Hyderabad or Gandhi Hospital, Secunderabad, for the purpose of conducting re-